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Case TitlePro Publica, Inc. v. Internal Revenue Service
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv07464
Date Filed2019-08-09
Date Closed2019-12-10
JudgeJudge Colleen McMahon
PlaintiffPro Publica, Inc.
Case DescriptionProPublica submitted a FOIA request to the IRS for records concerning communications sent to or from three IRS officials and two members of the Free File Alliance, an industry group that was representing the interests of Intuit in developing and maintaining free tax-filing software. The agency acknowledged receipt of the request. The agency released 16 pages but withheld 107 pages entirely, primarily claiming Exemption 5 (privileges). ProPublica filed an administrative appeal of the agency's denial. The agency denied the appeal on the basis that the records contained projections and recommendations. ProPublica then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantInternal Revenue Service
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-091COMPLAINT against Internal Revenue Service. (Filing Fee $ 400.00, Receipt Number ANYSDC-17402435)Document filed by Pro Publica, Inc..(Kutner, Jeremy) (Entered: 08/09/2019)
2019-08-092RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pro Publica, Inc..(Kutner, Jeremy) (Entered: 08/09/2019)
2019-08-093CIVIL COVER SHEET filed. (Kutner, Jeremy) (Entered: 08/09/2019)
2019-08-094REQUEST FOR ISSUANCE OF SUMMONS as to Internal Revenue Service, re: 1 Complaint. Document filed by Pro Publica, Inc.. (Kutner, Jeremy) (Entered: 08/09/2019)
2019-08-12CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at . (pc) (Entered: 08/12/2019)
2019-08-12Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: . (pc) (Entered: 08/12/2019)
2019-08-12Case Designated ECF. (pc) (Entered: 08/12/2019)
2019-08-125ELECTRONIC SUMMONS ISSUED as to Internal Revenue Service. (pc) (Entered: 08/12/2019)
2019-08-156ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: It is hereby, ORDERED as follows: 1. Counsel receiving this order shall contact all counsel of record (or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must appear for a conference on 11/8/2019 in courtroom 24A, 500 Pearl Street, New York, New York 10007 at 10:15 a.m. (as further set forth in this Order). SO ORDERED. Initial Conference set for 11/8/2019 at 10:15 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/15/2019) (kv) (Entered: 08/15/2019)
2019-09-057AFFIDAVIT OF SERVICE of Summons and Complaint served on Internal Revenue Service on August 16, 2019. Service was made by Certified Mail. Document filed by Pro Publica, Inc.. (Kutner, Jeremy) (Entered: 09/05/2019)
2019-09-168NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of Internal Revenue Service. (Teleanu, Natasha) (Entered: 09/16/2019)
2019-09-169ANSWER to 1 Complaint. Document filed by Internal Revenue Service.(Teleanu, Natasha) (Entered: 09/16/2019)
2019-10-01NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L Cave. Please note that this is a reassignment of the designation only. (wb) (Entered: 11/12/2019)
2019-11-0510JOINT LETTER MOTION to Adjourn Conference sine die addressed to Judge Colleen McMahon from Natasha W. Teleanu dated 11/5/2019. Document filed by Internal Revenue Service.(Teleanu, Natasha) (Entered: 11/05/2019)
2019-11-0611ORDER granting 10 Letter Motion to Adjourn Conference. Ok. Conference cancelled. (Signed by Judge Colleen McMahon on 11/6/2019) (mml) (Entered: 11/06/2019)
2019-12-1012PROPOSED STIPULATION AND ORDER. Document filed by Internal Revenue Service. (Teleanu, Natasha) (Entered: 12/10/2019)
2019-12-1013STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. The documents produced by IRS fully resolve any and all claims Plaintiff now has or may hereafter acquire against IRS or the United States of America ("United States"), or any department, agency, officer, or employee of IRS and/or the United States, related to or arising out of Plaintiff's FOIA request at issue in this action. 2. As soon as reasonably practicable, IRS shall pay to Plaintiff via electronic funds transfer to the account of Plaintiff the sum of ONE THOUSAND DOLLARS AND ZERO CENTS ($1,000.00) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiff agrees to accept in complete satisfaction of any and all claims by Plaintiff for attorneys' fees, expenses, costs, interest, and any other sums related to this litigation. 3. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. 4. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 5. Any obligation of the Government to expend funds under this Stipulation is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. § 1341. This Stipulation shall not be construed to require the Government to obligate or pay funds in contravention of the Anti-Deficiency Act. 6. The parties understand and agree that this Stipulation may be signed in counterparts, each of which constitutes an original and all of which constitute one and the same Stipulation. Facsimiles and/or PDFs of signatures shall have the same force and effect as original signatures and constitute acceptable, binding signatures for purposes of the Stipulation. SO ORDERED. (Signed by Judge Colleen McMahon on 12/10/2019) (jca) Transmission to Finance Unit (Cashiers) for processing. (Entered: 12/10/2019)
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